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Summary: Prohibits admission of evidence
obtained via surveillance to document workers compensation fraud unless
employer had a "reasonable" basis to suspect fraud.
Sponsors: Rep. Sal Pace (D-Pueblo), Sen. Morgan
Carroll (D-Aurora)
Status: Passed House Judiciary on 6-4 vote; passed House
Appropriations with amendments, 8-5; passed House 34-28
(3 excused); heard in Senate Judiciary on March 31, no vote taken; killed in Senate Judiciary 4-3
May 5.
CCJL Position: OPPOSE.
Summary: Rather than provide a
practical remedy for disability claims, this bill increases the
incentive to pursue jackpot justice by establishing minimum damages of
$4,000 per person per violation and authorizing the Colorado Civil
Rights Commission to levy fines, in addition to existing statutory
penalties, of up to $25,000.
Sponsors: Rep. Jerry Frangas (D-Denver)
Status: Passed and amended House Judiciary, 5-3 (3 excused); passed House
Appropriations 8-5
on April 16; re-referred to House Judiciary; amended and passed by
House Judiciary 6-5;
killed in House
Appropriations 8-4
(1 excused) on May 3.
CCJL Position: OPPOSE unless amended.
HB 1168 - Limitations on Subrogation
Summary: As amended in House Judiciary, limits
ability of a health insurer which has paid benefits to an injured
insured to recover the cost of those benefits unless injured insured
has been "fully compensated." Establishes presumption that injured
party has been fully compensated if settled for less than
policy limits or if paid according to terms of court judgment.
Establishes presumption that injured party has not been fully
compensated if settled for full amount covered under policy. Does not
apply to workers compensation, uninsured motorist and property damage
claims.
Sponsors: Rep. Claire Levy (D-Boulder), Sen.
Patrick Steadman (D-Denver).
Status: Passed and amended by House Judiciary, 10-0; passed House 42-20
(3 excused); scheduled in Senate Judiciary 7-0;
passed Senate 34-1
on March 29; House concurred 50-14
on April 1; signed by Gov. Ritter on April 28.
CCJL Position: NEUTRAL, as amended in House
Judiciary.
Summary: Prohibits an insurer from
denying a claim for medical benefits unless denial is based on finding
of medical necessity by a licensed Colorado practitioner in the same
field or specialty involved in the claim.
Sponsors: Rep. Diane Primavera (D-Broomfield)
Status: Passed and amended by House Judiciary, 6-5;
re-referred to House Judiciary; amended and passed 7-4;
killed by House on second
reading on April 20.
CCJL Position: MONITOR.
HB 1248 - Private Lawsuits against
Cosmetic Manufacturers
Summary: Prohibits the sale of personal care products that
contain any amount of any substance that is or could be
carcinogenic or
toxic. Authorizes enforcement via private party lawsuits with proceeds
going to state's general fund. Plaintiff need not show actual harm,
only that product contains said substances. Requires manufacturer to
pay
plaintiff's attorney fees and costs.
Sponsors: Rep. Diane Primavera (D-Broomfield),
Sen. Betty Boyd (D-Lakewood)
Status: killed in
House Judiciary, 4-7.
CCJL Position: OPPOSE
Summary: Imposes pain and suffering, punitive
damages and attorney fees on small business in state employment
discrimination claims for the first time, while duplicating penalties
that already exist in federal law for larger businesses.
Sponsors: Rep. Claire Levy (D-Boulder), Sen.
Morgan Carroll (D-Aurora)
Status: Passed and amended by House Judiciary 7-4; amended and passed 8-5
by House Appropriations on April 9; killed
by House on second reading April 15.
CCJL Position: OPPOSE
Summary: Establishes penalty of at
least $5,000 and up to $10,000, plus three times the amount of actual
damages, against a "contractor, grantee or other recipient of state
money or property" for presenting a false or fraudulent claim for
payment to the state or a political subdivision. False or fraudulent
claim "does not require proof of specific intent to defraud." Unlike
SB 167, this bill applies to virtually all contractors who do business
with any state agency or political subdivision and is not limited to
claims under Medicaid.
Sponsors: Reps. Buffie McFadyen (D-Pueblo),
Joel Judd (D-Denver), Sens. Chris Romer (D-Denver), Betty Boyd
(D-Lakewood)
Status: Passed and amended by House Judiciary 8-3;
amended and passed House Appropriations 9-4
on April 16; amended and passed by House 40-24
(1 excused); passed by Senate Judiciary 4-3
on May 5; passed by Senate Finance on May 10; killed
in Senate on second reading on May 11.
CCJL Position: OPPOSE
Summary: Establishes presumptions in favor of
contractor in disputes between contractor and professional liability
insurer. Imposes burden of proof on insurer that seeks to limit or
preclude coverage of policyholder. Prohibits insurers from excluding
acts arising before the policy was issued, unless policyholder failed to
disclose possible damages to insurer.
Sponsors: Rep. Joe Rice (D-Littleton), Sen.
Mark Scheffel (R-Parker)
Status: Amended and passed in House Business Affairs & Labor 11-0;
passed House 61-0
(4 excused) on April 22; passed without amendment by Senate
Business, Labor & Technology 7-0;
passed Senate 28-7
on May 4; reconsidered on May 7;
CCJL Position: MONITOR
Sponsors: Rep. Bob Gardner (R-Colorado
Springs), Sen. Patrick Steadman (D-Denver).
Status: Amended and passed by House Judiciary 10-0
(1 excused) on April 12; amended and passed House on second reading
April 16; passed by House 63-1
(1 excused) on April 19; passed without amendment by Senate
Judiciary 7-0;
passed by Senate 35-0
on May 4; awaiting action by Governor.
CCJL Position: SUPPORT
Summary: Defines as an illegal and
unfair practice the payment of a salary or any financial incentive to a
health insurer employee whose work may result in the denial of a
claim. Insurers are currently required by law to investigate possible
fraudulent claims. This bill would make prohibit that practice and
would likely lead to increased litigation as plaintiffs' attorneys look
for evidence of compensation that runs afoul of these prohibitions.
Sponsors: Sen. Morgan Carroll (D-Aurora),
Status: Passed by Senate Health & Human
Services, 4-3; passed Senate 20-14;
amended and passed by House Judiciary 7-4
on April 29; amended (to re-define of allowable compensation practices)
and passed by House 47-18
on May 7; Senate adopted House amendments; awaiting action by Governor.
CCJL Position: OPPOSE
Summary: Creates a state "False
Claims Act," designed to rewarded whistleblowers for bringing to light
government contracting fraud. Industry and CCJL worked with Gov. Bill
Ritter's
staff and with the bill sponsor to
provide important protections against abusive lawsuits, similar to
those in federal law, including a prohibition against "copycat"
lawsuits that profit from fraudulent practices which have already been
discovered in other states.
Sponsors: Sen. Betty Boyd (D-Lakewood), Rep.
Jim Riesberg (D-Greeley)
Status: Passed and amended by Senate Health
& Human Services on 4-3; amended and passed by Senate
Appropriations 6-4
on April 23; amended and passed by Senate 20-15
on May 4; passed House Health & Human Services 6-4
(1 excused) on May 6; passed House Appropriations on May 10; passed
by House
CCJL Position: NEUTRAL, as amended in Senate
HHS Committee.
Summary: Eliminates requirement that tenants
provide written notice to landlords for "breach of warranty." Lowers
threshold for claims from "materially dangerous or hazardous to tenant's
life, health or safety" to "affects health or safety." Provides for
new litigation claims by tenants and includes a punitive provision of
treble damages.
Sponsors: Sen. Brandon Shaffer (D-Longmont),
Rep. Mike Merrifield (D-Colorado Springs)
CCJL Position: OPPOSE.
* - Change in summary, status or CCJL position since
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